AC 2.3 - How Forms Of Punishment Meet Their Aims Flashcards
What are the 4 types of punishments used to meet aims?
- Imprisonment
- Community
- Finance
- Discharge
How is the criminal justice act 2003 linked to forms of punishment meeting aims?
Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing.
- punishment of offenders, retribution
- crime reduction deterrence
- rehabilitation
- reparation to the victim
- protection of the public,incapacitation
What are the four types of sentencing?
– Whole life order
– Indeterminate sentence
– Determinant sentence
- Suspended sentence
Briefly describe what an indeterminant sentences is?
A sentence without a set release date, but there will be a minimum time you must serve in prison which will be set by the court. This is tariff.
Briefly describe what is meant by determinant sentence?
A sentence with a fixed end date this includes a period of time in prison and a period of time in community on license, rules to follow
Briefly describe what is meant by whole life order?
A sentence at last until the death of a prisoner although in most cases the prisoner will be eligible for early release after a minimum term by the judge
Briefly described what is meant by a suspended sentence?
A custodial sentence where the offender does not have to go to prison provided that they commit no further offences, usually within a year, and comply with any requirements and post
How does imprisonment meet the aim of retribution?
Prison punishes people by taking away their freedom and often imposes unpleasant conditions on them. This is meant to give the criminal their just desserts as the sentence should reflect the severity of the crime whilst also satisfying penal populism. This reinforces the idea of punishment as moral justice.
What is the criticism of imprisonment meeting the aim of retribution?
The length and severity of the sentence being proportional to the crime is subjective so not everyone will believe the criminal got their just deserts
How does prison meet the aim of the deterrence?
General deterrence: people may decide not to commit crimes based on fear of getting caught and going to prison, certainty.
Individual deterrence: going to prison is an unpleasant experience which can lead to a person deciding not to commit further crimes due to the fear of going back.
What are the two criticisms for imprisonment meeting the aim of deterrence?
– recidivism, 40% of offenders in the UK will reoffend within any year of being released from prison
– deterrence only works of people think and act rationally, this will not work for crimes that are committed under the influence or in the heat of the moment
How does imprisonment meet the aim of incapacitation?
It works as a form of public protection is the offender is physically removed from society. Whole life orders and term sentences will keep offenders off the streets.
What are the criticisms of imprisonment meeting the aim of incapacitation?
– Short determinant sentences will not work to rehabilitate and could lead to offenders acquiring more criminal skills to further offend when released
– Keeping people in prison for long sentences costs a lot of money where is alternative punishments like probation and rehabilitation programs are cheaper and more effective for low risk offenders
How does imprisonment meet the aim of reparation?
Some present systems require inmates to contribute to society through work programs, the prisoners earning act 2011 allowed prisoners to have a portion of their own deducted to compensate victims but this doesn’t happen often. Restorative justice isn’t typical in the UK so it is limited a meeting its aim.
What is a criticism of imprisonment meeting the aim of reparation?
– Opportunities of meaningful reparation in the UK unlimited as it is argued community service is more effective
– What works program 2021, 98,000 offenders imprison only 2000 complete the course?
How does imprisonment meet the aim of rehabilitation?
Prison programs are aimed to reduce recidivism through education job training and therapy
What are the criticisms of imprisonment not meeting the aim of rehabilitation?
– The conditions and presence are not naturalistic and poor
- Education and training within prisons are limited and only a quarter go on to secure paid employment after release
- Short sentences and not long enough to rehabilitate a person, they act as universities of crime letting mates learn criminal techniques rather than reforming.
Briefly describe what a community sentence is.
It combines punishment with activities carried out in the community. This is for crimes that are too serious for a discharge but not serious enough for a prison sentence. Under the Criminal Justice Act 2003 a community order given by the court will have 1 or more requirements e.g. supervision by a probation officer and a curfew
